A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines

This book examines the relationship between intellectual property in pharmaceuticals and access to medicines from a human rights perspective, with a view to contributing to the development of a human rights framework that can guide States in enacting and implementing intellectual property law and policy. The study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. What could be a normative framework that human rights might provide for patents and innovation? Joo-Young Lee argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law, and analyse particular human rights bearing upon the issue of intellectual property and access to medicines. This study will be of great interest to academic specialists, practitioners or professionals in the fields of human rights, trade, and intellectual property, as well as policy makers, activists, and health professionals across the world working in intellectual property and human rights.

Introduction; Chapter 1 Historical Overview of Patents; Chapter 2 Perspectives on Patents; Chapter 3 Public Health Safeguards in the TRIPS Agreement; Chapter 4 Human Right to Access to Medicines; Chapter 5 The Right to Science and Culture; Chapter 6 Relationship between TRIPS and International Human Rights Law in the Context of Access to Medicines; Chapter 7 Human Rights, Intellectual Property, Innovation and Access to Medicines; Chapter 101 Conclusion;

Dr Joo-Young Lee is an advisor at the Human Rights Centre at Seoul National University in South Korea. She has published in English on various aspects of international human rights law.